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2001 (3) TMI 121

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....he order of the Commissioner which it affirmed, wherein, it was found that the  real production of tread rubber has been suppressed and there has been clandestine removal during the period  1981-86, is vitiated. 2.The principal contention is that guidelines contained in Rule 173E of the Central Excise Rules have been ignored. Counsel contends that the number of employees are 4; that t....

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....mselves admitted the fact that there had been production in excess of what had been shown in the RG 1 register. In addition, there were statements from the buyers of the goods manufactured in the petitioner's factory, which showed the receipt of quantities which had not been accounted for in the manufacturer's record. Besides, there were also records to show the movement of large quantity of goods....

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....ity Boards. 6.Determining the final outcome of the adjudication solely on the strength of the certificate produced by the petitioner regarding electricity consumed ignoring the other materials on record which clearly indicate the production and removal clandestinely of quantities which are not shown in the R.G register, therefore, would be wholly unsafe. Moreover, there is no statutory rule whi....

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....sp; that Counsel had gone to Delhi to argue a Special Leave Petition against the decision of the Kerala High Court  which had vacated the interim stay had resulted in prejudice.  It is the duty of Counsel to be present when the matter is set down for hearing and in the absence of any restraint on the authority to proceed with the adjudication, parties have no right to keep away, nor do C....